IP & Technology Law Trends
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Ninth Circuit to Copyright Owners: Consider Fair Use Before Submitting DMCA Notices
A recent decision by the Ninth Circuit Court of Appeals in Lenz v. Universal Music answered a question that it seems nobody has asked until now: Is it necessary to consider fair use before submitting a takedown notice under the Digital Mill...
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Two New Right of Publicity Decisions Heighten First Amendment Tension
We go for months with nothing but the slightest right of publicity kerfuffle here and there; and then, in the space of less than two weeks, we get two major appellate decisions. Both the Eighth and Ninth Circuit Courts of Appeal recently handed down...
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TTAB Proceedings Remain Effective Enforcement Tool Following B&B Hardware v. Hargis
Much has been written regarding the recent US Supreme Court decision in B&B Hardware v. Hargis. For a detailed background and analysis of the opinion, check out the SCOTUS blog summary. In short, the Court held that a US Trademark Trial and Appea...
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